HomeMy WebLinkAbout2013-3488 - Ordinance - 03/28/2013 ORDINANCE NO. 2013-3488
AN ORDINANCE AMENDING CHAPTER 2, "ANIMAL CONTROL ", OF THE CODE
OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY DELETING
SAID CHAPTER AND SUBSTITUTING A NEW ONE RELATING TO RULES AND
REGULATIONS OF ANIMALS IN THE CITY; PROVIDING A SEVERABILITY
CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 2, "Animal Control ", of the Code of Ordinances of the City of
College Station, Texas, be amended as set out in Exhibit "A ", attached hereto
and made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine of not less than Twenty -five Dollars ($25.00) nor
• more than Five Hundred Dollars ($500.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Section 35 of the Charter of the
City of College Station. n
PASSED, ADOPTED and APPROVED this 2 0 day of ( L' , 2013.
APPROVED:
: CL ere
Mayor
ATTEST:
City Sec ary
APPROVED:
�� II
C' ' Attorney
Page 2
EXHIBIT "A"
That Chapter 2, of the Code of Ordinances, City of College Station, Texas, is hereby
amended, by deleting said chapter in its entirety and substituting therefore a new one as set
out hereafter, to read as follows:
"CHAPTER 2: ANIMAL CONTROL
SECTION 1: GENERAL
A. Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the
meanings ascribed to them in this chapter, except where the context clearly indicates a
different meaning:
(1) Animal shall mean any member of the group of living beings, included but not
limited to birds, fish, mammals and reptiles but specifically excluding human
beings. Animals shall include both domesticated and wild, male and female,
warm and cold blooded.
(2) Animal Control Authority shall mean the person, persons or entity designated
by the City to enforce this chapter.
(3) Animal Shelter shall mean a facility designated or recognized by the City for the
purpose of impounding and caring for animals.
(4) At Large shall mean to be free of physical restraint beyond the boundaries of
the premises of the owner.
(5) Collar shall mean a collar or harness constructed of nylon, leather, or similar
material specifically designed to be used for a dog, cat or pot - bellied pig.
(6) Domestic Livestock shall mean domestic animals generally used or raised on a
farm for profit, work, or pleasure, including, but not limited to; horses, mules,
asses, cattle, swine, sheep and goats. The term excludes pot - bellied pigs and
poultry.
(7) Exotic Animal shall mean any non - domesticated animal and any hybrid thereof,
other than exotic livestock, which is native to a foreign country or of foreign
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origin or character, is not native to the United States, or was introduced from
abroad.
(8) Exotic Livestock shall have the meaning as set forth in Section 142.001, Texas
Agriculture Code which typically will include grass- eating or plant- eating single
hoofed or cloven- hoofed ungulates; including animals from the horse, swine,
cattle, deer, and antelope families, and any hybrid thereof, non - domesticated
and that are non - indigenous, i.e., native to a foreign country or of foreign origin
or character, is not native to the United States, or was introduced from abroad.
(9) Fowl or Poultry shall mean chickens, turkeys, geese, ducks, pigeons, quail,
pheasant, and peacocks or similarly feathered domesticated members of the
ayes class but excluding exotic birds, falcons and hawks.
(10) Guard Dog shall mean a dog maintained within secured designated premises
for the purposes of protecting life or property.
(11) Hybrid shall mean a cross of two different animal species.
(12) Licensing Authority shall mean the City or any designated entity charged with
administering the issuance and revocation of permits and licenses within the
City.
(13) Owner shall mean any person who has a right of property or temporary or
permanent custody of an animal, or who controls, cares for or permits an
animal to remain on or about any premise for more than seventy -two (72) hours
or who otherwise chooses to become responsible for an animal except that
those caring for feral cats that are part of a properly permitted managed feral
cat colony shall not be considered owners for purposes of this chapter.
(14) Person shall mean any individual, agent, corporation, organization, government
or governmental subdivision or agency, business trust, estate, trust,
partnership, association, and any other legal entity.
(15) Pot - Bellied Pig shall mean any of the domesticated forms of the species Suidae
Sus scrofa (miniature pigs under 100 pounds) originating in Southeastern Asia,
and having a straight tail, potbelly, swayback, and black, white, or black and
white coat.
(16) Secured Enclosure shall mean a fence or structure of at least six (6) feet in
height, forming or causing an enclosure suitable to prevent the entry of young
children, and suitable to confine a dangerous animal in conjunction with other
measures which may be taken by the owner. Such enclosure shall be securely
enclosed and locked and designed with secure sides, top and bottom and shall
be designed to prevent the animal(s) from escaping from the enclosure. The
enclosure shall be posted with signs on all sides in four -inch letters warning of
the presence of a dangerous animal and shall include a symbol of a dangerous
animal understandable by young children.
B. Interference.
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It is unlawful to remove an animal from or inflict damage upon a humane live trap set by
the animal control authority.
C. Prohibited Animals.
(1) Any animal not normally born and raised in captivity, including but not limited
to the following:
(a) Class Reptilia: Family Helodermatidae (venomous lizards) and Family
Hydrophiidae (venomous marine snakes); Family Viperidae
(rattlesnakes, pit vipers and true vipers); Family Elapidae (coral snakes,
cobras, and mambas); Family Columbridae - Dispholidus Typus
(boomslang); Bioga Dendrophilia (mangrove snake) and Kirklandii (twig
snake only); Order Crocodilia (such as crocodiles and alligators);
(b) Class Mammalia: Order Carnivores,
(1) Family Felidea (such as lions, tigers, bobcats, jaguars, leopards
and cougars), except commonly domesticated cats;
(2) Family Canidae (such as wolves, dingos, coyotes, foxes and
jackals), and any hybrid of an animal listed in his section except
commonly domesticated dogs;
(3) Family Mustelida (such as weasels, skunks, martins, minks,
badgers and otters) except ferrets;
(4) Family Procyonidae (such as raccoons and coati);
(5) Family Ursidae (such as bears);
(6) Marsupialia (such as kangaroos, opossums, koala bears, wallabys,
bandicoots, and wombats);
(7) Chiroperta (bats);
(8) Edentata (such as sloths, anteaters, and armadillo);
(9) Probosidea (elephants);
(10) Primata (such as monkeys, chimpanzees, orangutans, baboons,
and gorillas);
(11) Rodentia (such as beavers and porcupines);
(c) Class Amphibi: Poisonous frogs. Does not include non poisonous
reptiles or non poisonous snakes.
(2) Does not include livestock, fowl or normal household pets, such as but not
limited to dogs, cats, cockatiels, ferrets, hamsters, guinea pigs, gerbils,
rabbits, fish or small, nonpoisonous reptiles, or nonpoisonous snakes.
D. Problem Animals.
It is unlawful to be an owner or manager of an animal which engages in behavior
constituting problem animal behavior. Each of the following is a problem behavior of
animals:
(1) Waste Removal. An animal which soils, defiles or defecates on private property
other than the owner's or on public areas, unless such waste is immediately
removed and disposed of;
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(2) Excessive Noise. An animal which creates a disturbance by excessive barking,
howling, crowing, screeching or other noise which would offend a person of ordinary
sensibilities under the same or similar circumstances;
(3) Chasing, Biting, and Scratching. An animal which chases, bites, scratches, molests,
attacks or interferes with persons or other domestic animals on public property or on
the private property of others;
(4) Contagion for Disease. An animal that carries or poses an unreasonable threat of
carrying or transmitting a disease to other animals or to people.
(5) Staked Animal. An animal which is staked or tied upon any open or unfenced lot or
land within the City so that the animal so tied or staked could get on, across or within
eight (8) feet of any public street, park or other public land, including within eight (8)
feet of any public sidewalk, right of way, or public building;
(6) Horses /Mules on Right -of -Way. Riding a horse or mule or any other animal on a
public sidewalk or within the public street right -of -way except on the paved shoulder
or curb lane of the street right -of -way, unless a permit is required from the City
pursuant to other applicable law; or
(7) Estrus. Allowing any female animal while in heat to attract other animals and not
being confined in a building or enclosure in such a manner that she shall not be in
contact with another of its species. This section shall not be construed to prohibit the
intentional breeding of animals within an enclosed area with the consent of the
animal owner(s) and on the premise of the owner in accordance with the
requirements as may be set forth in this Chapter
(8) No Odor or Fly Attraction. No person may harbor, own, maintain or permit an animal
on a property so as to offend a person of ordinary sensibilities living nearby or on
near or adjacent property because of an offensive odor or unreasonable attraction of
flies and other insects.
E. Impoundment.
(1) Animal Shelter. The City maintains or ensures the availability of an animal shelter to
impound animals which shelter shall be open to the public during normal business
hours.
(2) Animals Subject to Impoundment. Any animal found at large, found to be in
violation of this Chapter or which poses an immediate danger to the general public
may be impounded by the animal control authority and taken to the animal shelter.
(3) Notification. Upon impounding an animal, the animal control authority shall make a
reasonable effort to notify the registered owner and inform that person of the
conditions whereby custody of the animal may be regained.
(4) Unclaimed Animals. Animals not claimed by the registered owners within a period of
three (3) days in which the animal shelter is open to the public during normal
business hours shall be subject to disposal by adoption, transfer or humane
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euthanasia. Notwithstanding the foregoing, the City may deviate from this timeframe
consistent with this ordinance when dealing with a sick, injured, diseased,
dangerous, and /or feral animal and when acting pursuant to the mutual agreement
of the City and Owner of an impounded animal, in a manner consistent with this
ordinance.
(5) Sick Animals Impounded. If at any time during impoundment, the animal control
authority determines an animal is in a state of disease, malnutrition, pain, suffering,
or the like, the animal control authority may choose to euthanize such animal or
have such animal assessed by a licensed veterinarian. When having the animal
assessed by a licensed veterinarian, the animal control authority may make a
determination as to the disposition of the animal after consideration of the cost of
medical treatment, whether the owner of the animal can be located, whether the
owner is willing or able to pay for such treatment, and whether euthanasia is
recommended to prevent further suffering.
(6) Impounded Registered Animals. If an animal which has been delivered to the City is
currently registered and has an identification tag, a microchip or other identification
the City shall notify the owner or person responsible for the animal by posting written
notice at the address of the registered location of the animal, by telephone, by email,
by regular mail or by whatever reasonable method determined appropriate by the
Animal Control Authority that such animal has been impounded. Notice shall be
deemed sufficient if it is given pursuant to the information provided to the City for
such registration or as indicated on the identifying tag, microchip or other identifying
marker.
(7) Responsibility. Nothing in this section or in this Chapter generally shall relieve the
registered owner or registered person responsible for such animal of liability for
violations and any accrued charges or citations.
F. Redemption.
(1) Any animal impounded may be redeemed by the registered owner thereof within
three (3) days in which the shelter is open to the public during normal business
hours upon payment of all applicable fees and signing of any citations which are to
be issued. Payment of outstanding fees is not considered to be in lieu of a fine,
penalty, or license fee.
(2) Any animal confined for rabies quarantine, evidence, or other purposes, once such
purposes no longer exist, may be redeemed by the owner thereof upon payment of
any fees and signing of any citations, as applicable.
(3) No animal may be redeemed until such animal is properly licensed and vaccinated
when required.
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G. Liability of Animal Owner or Owner's Agent.
Disposal or redemption of an animal by any method specified herein does not relieve
the animal owner or owner's agent of liability for violations and /or accrued charges.
H. Transporting Animals in Open Bed Trucks or Trailers.
It shall be unlawful for a person to transport in an open bed pickup or an open flatbed
truck or to tow in an open flatbed trailer on a public street or highway while a dog or
other animal occupies the bed of the truck or trailer unless the animal is secured in a
kennel or other secure vented enclosure, restrained by a harness manufactured for the
purpose of restraining animals, or restrained using a chain, rope, or other device cross -
tied to prevent the animal from falling or jumping from the motor vehicle or from
strangling on a single leash.
I. Animal in Hot Vehicle or Trailer.
(1) It shall be unlawful for a person to confine an animal in a parked or standing vehicle
or enclosed trailer in such a way as to endanger the animal's health, safety, or
welfare. It is presumed that an animal's health, safety, or welfare is endangered
when the animal is confined in a parked or standing vehicle or enclosed trailer for a
period of five (5) or more minutes when the ambient outside air temperature
measures at or above eighty -five (85) degrees Fahrenheit or below thirty -five (35)
degrees Fahrenheit.
(2) The Animal Control Officer, City police officer or City firefighter may take reasonable
measures under the circumstances to remove an animal from a vehicle or trailer if
said City official reasonably believes that an emergency exists to preserve the
animal's health, safety or welfare.
J. Tethering of Animals.
In addition to any state laws regarding restraining an animal by a chain, rope, tether,
leash, cable, or other device to a stationary object or trolley system including those set
forth in Chapter 821 of the Texas Health and Safety Code, the following requirements
apply:
(1) Only one animal may be restrained to each cable run;
(2) There must be a swivel on at least one end of the restraint device to minimize
tangling; and
(3) When a restraint system is used to keep an animal from running at large, the tether
system must be of appropriate configuration to confine the animal to the subject
property.
(4) Except as otherwise provided in this paragraph, it shall be unlawful for a person to
confine an animal for a substantial portion of the day in an outdoor enclosure that
provides Tess than forty -eight (48) square feet of space for each animal that it
contains that is at least six (6) months old. It is presumed that an animal is being
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confined for a substantial portion of the day if a police officer, animal control officer,
code enforcement officer, or the person charged with enforcing this ordinance
witnesses the animal in said enclosure at least twice on the same day at two (2)
separate times that are at least five (5) hours apart.
K. Sale of Animals.
Except as may be allowed pursuant to other applicable law, the outdoor sale of animals
is prohibited.
L. Trapping of Animals.
It shall be unlawful for a person to use steel jaw or leg -hold traps except in the case of
mouse and rat control.
SECTION 2: DOGS AND CATS
A. Rabies Vaccination And License Required.
(1) Licensing. Except for those dogs and cats excepted from being licensed as set
forth in this section, no person shall be an owner, keeper, or harborer of any dog or
cat, over four (4) months of age within the city unless such animal is vaccinated
and licensed as set forth herein.
(2) Requirements. The following requirements apply to licensing dogs and cats:
(a) The animal is over four (4) months of age;
(b) The animal is vaccinated against rabies by a licensed veterinarian in
accordance with Chapter 826 Texas Health & Safety Code;
(c) The following information is provided:
i. Name and address of pet owner;
ii. Description of the pet;
iii. Date of vaccination;
iv. License number;
v. Permanent identification, if applicable (i.e. micro chip, tattoo); and
vi. Other appropriate information;
(d) Application for a license must be made to the Licensing Authority
within thirty (30) days after obtaining a dog or cat over four (4) months
of age;
(e) Except as otherwise provided, the licensing period will be for one (1)
year. Each applicant shall pay the appropriate fee annually and shall
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supply all information reasonably requested on forms supplied by the
City;
(f) Licenses issued shall be of durable material and must be attached to
the collar of the animal and must be worn at all times. A microchip may
act as a secondary form of identification for duly licensed animals;
(g) Licenses are not transferable to other animals; and
(h) A license shall be issued after payment of the required fee. Persons
who fail to obtain a license as required within the time period specified
in this section may be subjected to a delinquent fee. License fees shall
be waived for registered service dogs or government -owned dogs used
by law enforcement.
(3) Exceptions. The following are excepted from the licensing provisions of this
section:
(a) licensed research facilities or animal shelters;
(b) An animal within the city for no longer than sixty (60) days. New
residents must apply for a license within thirty (30) days of establishing
residency within the city;
(c) A feral cat living in a managed feral cat colony as may be allowed
pursuant to the provisions of this Chapter and where registration of the
Managed Colony is substituted; or
(d) An animal being housed in this jurisdiction temporarily following a
natural or man -made disaster occurring in the animal's permanent
home. This exemption is in effect for up to six (6) months, at which
time the animal becomes a permanent resident of the City and
becomes subject to the licensing provisions of this Chapter.
(4) Licensing by Veterinarians. When so designated and when practicable, licensed
veterinarians may be authorized to license a dog or cat in accordance with the
terms and conditions of this Chapter. In such instances, the veterinarians so
authorized shall be responsible for determining eligibility for licensing, collection of
the required information and fee, and dispensing of the license itself. In such
instances, the veterinarian shall maintain records relating to such licensing and
shall remit same along with the collected fees to the Licensing Authority on a
regular basis.
B. Number of Dogs and Cats.
(1) More than 4 Dogs and Cats Prohibited. It is unlawful to harbor more than 4 dogs
and cats over the age of six months in a dwelling unit unless permitted as set forth in
this section and provided such use is in accordance with the City's applicable land use
regulations. In this section, Dwelling Unit has the meaning given it in the City's Unified
Development Ordinance.
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(2) Permit. In addition to meeting all other requirements of this chapter, a person who
wants to harbor more dogs and cats than allowed above must make application and be
granted a Multiple Pet Permit annually as set forth herein.
a. Application. The application for a Multiple Pet Permit must be made on a
form prescribed by the City and shall include the following information:
i. The name, telephone number, and physical address of the
applicant;
ii. The total number of animals sought to be included under the permit
and the species, breed, gender, and age of each animal;
iii. The current, valid city license number for each animal listed in the
application;
iv. A statement affirming that the applicant is familiar with the
provisions of this chapter and a promise to maintain all animals in
accordance with applicable legal requirements;
and
v. Any other information the City reasonably determines is necessary to
issue a permit.
b. Fee. The City may require payment of a fee when submitting an application
hereunder.
c. Consideration of Permit. A permit shall be granted upon meeting the
following criteria:
i. Submittal of a complete, accurate application, including payment of a
fee, if any, and submittal of all required documentation;
ii. Applicant has not been convicted of one or more violations of this
chapter or of any law relating to the care and humane treatment of
animals nor has failed to appear in court in response to such a charge
within the past 12 months from date of application;
iii. Applicant has not had a permit under this section previously revoked
within the past 12 months from date of application; and
iv. The address to which the permit relates is not the same as one for
which a permit has been revoked within the past 12 months.
d. Revocation of Permit. A permit may be revoked in the event one or more of
the following occur:
i. The application is incomplete, false or inaccurate;
ii. The permit holder is convicted, receives deferred adjudication, or
pleads guilty or no contest with respect to one or more sections of this
chapter or any law relating the care and humane treatment of animals
or fails to appear in court to respond to such a charge; or
iii. The Animal Control Authority determines that specific circumstances
exist indicating that it is in the best interests of the health and safety of
the public to revoke the permit.
e. Revocation Process. The process for revoking a permit granted under this
section is as follows:
i. The Animal Control Authority shall send written notice by certified mail
to the current mailing address provided by the permit holder in its
application identifying the reason for revocation; and
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ii. The permit holder shall have thirty (30) days to appeal such
determination in writing to the municipal court judge. A hearing shall
be held before the judge. If the judge determines that the permit
holder meets the criteria for revocation such judge shall order the
revocation of the permit. The decision by the municipal court judge
shall be in writing and shall be final.
C. Dogs and Cats at Large.
(1) Except as set forth herein, it shall be unlawful for any person to allow any dog
or cat to be "at large" within the City.
(2) Colonies of feral cats may be allowed if in accordance with a registered Trap,
Neuter and Release Program approved by the City.
D. Rabies Control Authority.
The City Council of the City shall designate an officer or contract with a public or private
entity to carry out the activities required or authorized under Chapter 826 Texas Health
and Safety Code and regulations relating thereto in acting as the City's local rabies
control authority. This includes following the proper procedures for quarantine, testing
and vaccination protocols as may be required or authorized.
E. Reports of Rabies.
It is unlawful for a person to fail to notify the local rabies control authority when the
person reasonably suspects an animal is rabid or capable of transmitting rabies as set
forth in §826.041 Texas Health and Safety Code.
F. Guard Dogs.
The following requirements apply for guard dogs located in the City:
(1) Posting sign. It shall be unlawful for any person to leave a guard dog unattended
in any place in or out of a building unless a clearly visible warning sign is placed
advising others of same before entering the place to which the dog has access.
(2) Unattended guard dog. No guard dog shall be left unattended in any place
except inside a building or other structure that will not allow the dog to exit such
building on its own volition.
(3) Required Fencing. No guard dog shall be let out of doors unless it is in a fenced
yard with a fence adequate to prevent the dog from leaving the premises.
G. Unlawful Release of Dog or Cat.
It shall be unlawful to release a dog or cat that is lawfully tethered, leashed or stabled
within a lot, pen or similar type of enclosure or confinement without the consent of the
owner of such animal.
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SECTION 3: DANGEROUS DOGS
A. Dangerous Dogs. The determination and processing of dangerous dogs in the City
shall commence with an investigation conducted by the animal control authority in
accordance with Chapter 822 Texas Health and Safety Code.
B. Alternative Process. Alternatively, the City herein elects to make available an
alternative determination and processing of a dangerous dog pursuant to Section
822.0422 Texas Health and Safety Code commencing with making a report of an
incident meeting the definition of dangerous dog to a city municipal court and
following the procedure set forth therein.
C. Violation Declared.
(1) It is a violation of this ordinance if an owner or other person harbors,
keeps, or maintains a dangerous dog in the city unless the owner
complies with the requirements of this ordinance and state statutes
regulating dangerous dogs.
(2) It is a violation of this ordinance if an owner or other person harbors,
keeps, maintains in the city, or brings to the city, a dog that has been
declared dangerous outside of the city under one (1) or more of the
following:
(a) Chapter 822 of the Texas Health and Safety Code;
(b) a local law or ordinance adopted in accordance with Chapter
822; or
(c) a statute or ordinance that is substantially similar to Chapter 822
and that was adopted by a political subdivision outside of the
State of Texas.
D. Dangerous Dog Incident. A dangerous dog incident means an incident in which the
dog:
(1) Makes an unprovoked attack on a person or other animal that causes
bodily injury and occurs in a place other than an enclosure in which the
dog is being kept and that was reasonably certain to prevent the dog
from leaving the enclosure on its own; or
(2) Commits unprovoked acts in a place other than an enclosure in which
the dog was being kept and that was reasonably certain to prevent the
dog from leaving the enclosure on its own and those acts cause a
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person to reasonably believe that the dog will attack and cause bodily
injury to that person.
E. Dangerous Dog Investigation. The animal control authority or his or her designee
may investigate all reports of dangerous dog incidents. The animal control authority
may accept sworn statements from all victims and witnesses to the attack.
F. Reporting of Incident. Dangerous dog incidents may be reported in the following
ways:
(1) A person may report an incident described in Section 3(D) (Dangerous
Dog Incident) of the Code to the animal control authority.
(2) The animal control authority shall provide a sworn report describing the
dangerous dog incident to the city attorney's office.
(3) The city attorney's office shall evaluate the case and determine whether
to initiate a dangerous dog proceeding with the municipal court (court).
If such a proceeding is initiated, the court shall order the animal control
authority or his designee to seize the dog and the court shall issue a
warrant authorizing the seizure. The animal control authority shall seize
the dog and shall provide for the impoundment of the dog in secure and
humane conditions until the court determines one (1) of the following:
(a) That the dog is not a dangerous dog pursuant to Section 3(G)
(Hearing for Dangerous Dog Determination);
(b) That the dog is a dangerous dog and the court or animal control
authority finds the owner has complied with the ownership of a
dangerous dog pursuant to Section 3(J) (Requirements for
Owner of a Dangerous Dog); or
(c) That the dog should be humanely destroyed or is deceased.
(4) The animal control authority shall furnish written notice to the owner of
the dog identified in the report to inform the owner that a dangerous dog
report has been filed with the court. Notice shall be by hand delivery to
the owner of the dog. If the owner cannot be located, notice shall be
delivered to any adult at the dog owner's last known physical address or
to any adult at the residence where the dog is believed to be kept, if at a
location different than the owner's physical address. The notice shall
also include a statement that the owner will be notified by the court of
the date and time for a hearing pursuant to Section 3(G) if this time has
not yet been set by the court.
(5) If the court determines the dog to be a dangerous dog, the owner shall
pay all costs and or fees assessed by the municipality related to the
seizure and impoundment of the dog, including, but not limited to,
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boarding fees, microchip procedure, city license and rabies vaccination,
and the cost of euthanasia of the dog if ordered by the court.
G. Hearing for Dangerous Dog Determination.
(1) The court, on receiving a report of an incident under Section 3(F)
(Reporting of Incident) shall set a time for a hearing to determine
whether the dog is a dangerous dog. The hearing must be held not later
than the tenth (10 day after the date on which the dog is seized or
delivered.
(2) The court shall give written notice of the time and place of the hearing to:
(a) The owner of the dog or the person from whom the dog was
seized;
(b) The person who made the complaint; and
(c) Any witnesses.
(3) Any interested party, including the city attorney, is entitled to present
evidence at the hearing.
(4) Appeals from convictions under this statute shall be handled like other
appeals from convictions in municipal court.
H. Failure to Surrender Dog. It shall be a separate violation of this code for any
person to refuse or fail to surrender a dog subject to this chapter or section, or
harbor, hide or secret, transport or secure the transport of a dog subject to this
section, for the purpose of preventing its impoundment.
I. Judicial Determination that Doq is a Dangerous Doq.
(1) The court, after determining that the dog is a dangerous dog, shall order
the animal control authority to continue to impound the dangerous dog in
secure and humane conditions until such time as:
(a) The court orders disposition of the dog and the dog is returned
to the owner,
(b) The court orders disposition of the dog and the dog is thereby
humanely destroyed, or
(c) The dog is deceased.
(2) The court shall order the animal control authority to humanely destroy
the dog if the court determines after notice and hearing that the owner
has not complied with the dangerous dog requirements in Section 3(J)
(Requirements for Owner of a Dangerous Dog). The court shall order
the authority to return the dog to the owner if the owner has fully
complied with Section 3(J) either after a hearing or without a hearing
based on the recommendation of the animal control authority that the
owner has complied with Section 3(J).
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(3) The owner may appeal the decision of the court by following the
appropriate procedures for appeal of a decision of municipal court.
(a) During the appeal period, the dog shall remain in the custody,
care and control of the animal control authority.
(b) If the appeal is ultimately unsuccessful, the owner of the dog
shall be responsible for the dog's impoundment fees during the
period the case was being appealed.
(4) Animal control may, at their option, request the owner of a dangerous
dog to show proof, on a quarterly basis, of compliance with this
division. If animal control determines that the owner of a dangerous
dog has failed to comply with any requirement listed in Section 3(J)
(Requirements for Owner of a Dangerous Dog), the animal control
authority shall issue notice of non - compliance to the owner of the
dangerous dog and said owner shall deliver the dog immediately to the
animal control authority.
(5) If the animal control authority is not in receipt of the dog within forty -
eight (48) hours after delivery of the notice, then the court shall order
the animal control authority or his designee to seize the dog and the
court shall issue a warrant authorizing the seizure. The animal control
authority shall seize the dog and shall provide for the impoundment of
the dog in secure and humane conditions. After the expiration of three
(3) days, if the owner of the dangerous dog has not sufficiently
presented proof to the animal control authority that he or she is in
compliance with Section 3(J), the animal control authority shall refer
the case to the municipal court for notice and hearing as provided in
Section 3(G).
(6) Upon proof to the court of the dangerous dog owner's non - compliance,
the court shall enter a final order for the humane destruction of the dog
by the animal control authority or its authorized agent or a licensed
veterinarian.
J. Requirements for Owner of a Dangerous Dog. Once a dog has been determined to
be a dangerous dog, the following requirements shall apply in addition to those set
forth in Chapter 822 of the Texas Health and Safety Code. The owner of a
dangerous dog shall pay all costs and or fees assessed by the municipality related
to the seizure and impoundment of the dog, including, but not limited to, boarding
fees, microchip procedure, city license and rabies vaccination, and the cost of
euthanasia of the dog if ordered by the court. Not later than the thirtieth (30 day
after a person learns that the person is the owner of a dangerous dog, the person
shall:
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(1) Registration. Register the dangerous dog with the animal control
authority and pay an annual registration fee of five hundred dollars
($500.00) for the first year and a two hundred fifty dollars ($250.00) re-
registration fee thereafter unless such dog has violated one or more
provisions of this chapter during the previous year, in which case an
annual renewal registration fee of five hundred dollars ($500.00) shall be
assessed;
(2) Liability Insurance. Obtain and maintain liability insurance coverage or
show financial responsibility in an amount of at least one hundred
thousand dollars ($100,000.00) to cover damages resulting from an
attack by the dangerous dog causing bodily injury to a person and
provide proof of the required liability insurance coverage or financial
responsibility to the animal control authority;
(3) Microchip Implant. Implant and maintain a microchip on the dangerous
dog. The dog's microchip shall be registered with a national registry.
The cost of the national registry service shall be at the owner's expense;
(4) Required Leash and Collar. Restrain the dangerous dog on a leash and
collar issued or approved by the City to ensure, among other things, the
visibility of the dangerous dog when out in public, the security of the
leash, the length of the leash, and the overall safety of the general
public. Collars shall be worn by dangerous dogs at all times and collars
shall remain visible at distances of at least fifty (50) feet in normal day
light so that the dog can be readily identified as dangerous;
(5) Physical Control. Be in physical control of the dangerous dog when
restrained on a leash and the person in physical control of the leash
must be at least 17 years of age;
(6) Required Muzzle. Secure the dangerous dog with a muzzle in a manner
that will not cause injury to the dog nor interfere with its vision or
respiration but shall prevent it from biting any person or animal when the
dangerous dog is taken off the property of the owner for any reason;
(7) Secure Enclosure. Restrain the dangerous dog at all times in a secure
enclosure, as defined in Section 1(A) (Definitions; Secured Enclosure),
when the dangerous dog is not restrained on a leash. The enclosure
shall be posted with signs on all sides in four -inch letters warning of the
presence of a dangerous dog and shall include a symbol of dangerous
dogs understandable by young children;
(8) Spay or Neuter. Surgically spay or neuter the dangerous dog and show
proof of such to the animal control authority;
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(9) Rabies Vaccinations and Licenses. Maintain current rabies vaccinations
and proper licenses on the dangerous dog;
(10) Change of Address. Notify the animal control authority within fourteen
(14) days of a change of ownership or change of address of the
dangerous dog;
(11) Notifications to 3 Parties. Notify any boarding facility, caretaker,
veterinary clinic or animal trainer that the dog is dangerous prior to going
to such location or person and shall notify the animal control authority of
the same;
(12) Notification to Animal Control. Notify the animal control authority when
the dangerous dog is no longer owned by the registrant or is deceased.
SECTION 4: LIVESTOCK, BIRDS, EXOTIC ANIMALS AND WILD ANIMALS.
A. Keeping of Domestic Livestock.
Keeping of domestic livestock is allowed in accordance with the zoning land use
regulations of the City set forth for an AO- Agricultural Open zone and an A -OR/ Rural
Residential Subdivision zone as same may from time to time be amended and by
meeting the regulations in this chapter. When allowed pursuant to the zoning land use
regulations of the City, the following additional requirements apply for domestic
livestock:
(1) Not allowed to be at large. Domestic livestock shall be kept within structures or
enclosures or lawfully tethered and not permitted to run at large;
(2) Avoid creation of health hazard. An owner of domestic livestock shall be
responsible for the proper pickup and disposal of all animal feces. Feces must
be removed often enough so that there is no odor or fly attraction which would
disturb a person of normal sensibilities or otherwise constitute a health hazard;
(3) Distance requirements. The structure or enclosure within which the livestock
may be confined shall be not less than one hundred feet (100') from any
structure used for human occupancy, except the dwelling occupied by the owner
of the domestic livestock. A deviation from this distance may be considered
upon the owner making proper application before the Zoning Board of
Adjustment.
(4) Contact information. The owner of the livestock shall post their contact
information at all entrances to the livestock enclosure, including their name,
address, and telephone numbers.
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(5) Proof of vaccinations. The owner of the domestic livestock shall make available
to the animal control authority proof of current vaccinations as may be required
pursuant to applicable law, including Brucellosis for all cattle 18 months of age
and over except steers and spayed heifers per Texas Administrative Code Title
4, Part 2, Chapter 35, as amended, and a negative test for Equine Infectious
Anemia for horses, mules, and donkeys as required under Texas Administrative
Code Title 4, Part 2, Chapter 49, as amended, for horses at an event or
gathering, horses in stables or breeding farms, or any horse that has had a
change of ownership.
B. Fowl.
(1) Keeping allowed without permit. Keeping of fowl is allowed in accordance with
the zoning land use regulations of the City set forth for an AO- Agricultural Open
zone and an A -OR/ Rural Residential Subdivision zone as same may from time
to time be amended and by meeting the regulations in this chapter.
(2) Keeping allowed with permit. Keeping of fowl is allowed in all single - family
residential zones consistent with the land use regulations therein for such zone
as same may from time to time be amended, and upon issuance of a permit and
by meeting other applicable regulations as set forth herein.
(a) Permit requirements. The following is required to be issued a permit for
keeping of fowl in a single - family residential zone:
(i) An application must be completely and accurately filled out and
submitted to the City identifying the location, contact information for the
owner of the property and the owner of the fowl, type and number of fowl,
type of enclosure, distance from adjacent residences other than
applicant's, and other pertinent information; and
(ii) Payment of a fee as may be imposed by the City Council.
(b) Additional requirements. A person with a lawfully issued permit may keep,
harbor, own, or maintain up to 10 chicken or turkey hens except more may
be allowed if the person is lawfully involved in an Agricultural Youth Project
under the supervision of a county extension agent, interest group leader or
agriculture teacher employed by the independent school district and:
(i) Chickens are kept no longer than 75 days and turkeys are kept no
longer than 190 days; and
(ii) Chickens and turkeys are housed in a sanitary manner so that they are
not a nuisance to others.
(3) Keeping fowl in enclosures. It shall be the duty of the owner of fowl to keep
same enclosed in such manner that the fowl cannot go upon public streets,
highways, alleys, rights of ways or parkways of the City, or upon the private
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property of others. Any enclosure that houses fowl must be at least one
hundred (100) feet from any dwelling other than the dwelling occupied by the
owner of the fowl. A deviation from this distance may be considered upon the
owner making proper application before the Zoning Board of Adjustment.
(4) Roosters prohibited. It is unlawful to own, keep, harbor, or to maintain or to
possess a rooster within the City limits.
C. Birds.
It shall be the duty of the person owning, or having within his management or
control, any birds including fowl, including but not limited to fowl, pheasants, quail,
peacocks, doves, parrots, tropical birds, falcons, hawks and similarly feathered
animals, to keep same enclosed upon his own premises in such manner that such
birds cannot go upon the public streets, highways, alleys, rights of ways, parks or
parkways of the City, or upon the private property of others unless first obtaining
written permission from the property owner.
D. Hogs and Pigs Prohibited.
(1) Prohibited. It shall be unlawful for any person to maintain and keep any hog, or
pig within the City except as may be allowed pursuant to the City's zoning
ordinance and except for pot - bellied pigs as set forth below.
(2) Pot - bellied pigs. Pot - bellied pigs are permitted to be in the City in accordance
with the provisions set forth herein:
(a) No more than two pot - bellied pigs may be kept on any one parcel or tract
of land in a residentially zoned district and in accordance with applicable
land use regulations;
(b) Pot - bellied pigs are permitted in only residentially or agriculturally zoned
districts;
(c) The premises where any such pigs are kept shall be kept clean and free of
all offensive odors, flies, rodents or other pests. Droppings shall be placed
in the suitable container and disposed of on a regular basis;
(d) No such pigs may be bred within a residentially zoned district;
(e) All male pot - bellied pigs in the City in a residentially zoned district must be
neutered;
(f) All pot - bellied pigs must have their tusks either surgically removed or
trimmed so as to be blunted at all times;
(g) All pot - bellied pigs must be vaccinated against communicable diseases
and in accordance with general guidelines from the American Veterinary
Medical Association;
(h) All such pigs must be licensed by the City upon making proper application
as set forth herein and upon the payment of an annual license fee as may
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be set by the city council. In order to obtain a license, the owner of the pig
must present the following:
i. Proof that the pig, if male, is neutered if located in a residentially
zoned district and that the tusks are either trimmed as required
above or have been surgically removed;
ii. The address and property description where the pig will be kept;
iii. The name and contact information of the owner;
iv. The approximate weight, height, gender, general health and age of
the animal; and
v. Immunization records as required.
(i) All such pigs shall display the City license affixed to a collar at all times.
E. Rabbits.
(1) Keeping allowed without permit. Keeping of rabbits is allowed in accordance with
the zoning land use regulations of the City set forth for an AO- Agricultural Open
zone and an A -OR/ Rural Residential Subdivision zone as same may from time
to time be amended and by meeting the regulations in this chapter.
(2) Keeping allowed with permit. Keeping of rabbits is allowed in all single - family
residential zones consistent with applicable land use regulations, and upon
issuance of a permit and by meeting other regulations as set forth herein.
(a) Permit requirements. The following is required to be issued a permit for
keeping of rabbits in a single - family residential zone:
(i) An application must be completely and accurately filled out and
submitted to the City identifying the location, contact information for the
owner of the property and the owner of the rabbits, type and number of
rabbits, type of enclosure, distance from adjacent residences other
than applicant's, and other pertinent information;
(ii) Payment of a fee as may be imposed by the City Council.
(b) Additional requirements. A person with a lawfully issued permit may keep,
harbor, own, or maintain on his or her premises up to 10 rabbits except more
may be allowed if the person is lawfully involved in an Agricultural Youth
Project under the supervision of a county extension agent, interest group
leader or agriculture teacher employed by the independent school district and
the rabbits are kept no longer than 180 days.
(3) Keeping rabbits in enclosures. It shall be the duty of the owner of rabbits to keep
same enclosed upon his own premises in such manner that the rabbits cannot go
upon public streets, highways, alleys, rights of ways or parkways of the City, or
upon the private property of others. Any enclosure that houses rabbits must be
at least one hundred (100) feet from any dwelling other than the dwelling
occupied by the owner of the rabbits unless the person is lawfully involved in an
Chapter 2 — Animal Control Ordinance Amendment
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Agricultural Youth Project under the supervision of a county extension agent,
interest group leader or agriculture teacher employed by the independent school
district in which case there shall be no distance requirement. In other instances,
a deviation from the distance requirement may be considered upon the owner
making proper application before the Zoning Board of Adjustment.
F. Ferrets.
(1) General. It is unlawful to harbor more than two ferrets over the age of six months
in a dwelling unit. Such ferrets must be permitted as set forth in this section and
be in accordance with the City's applicable land use regulations. In this section,
Dwelling Unit has the meaning given it in the City's Unified Development
Ordinance.
(2) Vaccination requirements. Ferrets must be currently vaccinated against rabies at
all times.
(3) Permit requirements. The following is required to be issued a permit for ferrets:
(a) An application must be completely and accurately filled out and submitted
to the City identifying the location, contact information of the owner and
occupant of the dwelling unit, type and number of ferrets at such dwelling
unit, type of enclosure, proof of vaccination, and other pertinent
information; and
(b) Payment of a fee as may be imposed by the City Council.
G. Ostriches, Emus, and Rheas Prohibited.
Notwithstanding any provision to the contrary, it shall be unlawful for any person to
maintain and keep any ostrich, emu or rhea within the city limits.
H. Keeping of Certain Animals Prohibited.
It shall be unlawful for a person to sell, offer for sale, barter, trade, keep, own, maintain,
use or have in a person's possession or on premises under such person's control any of
the following:
(1) Any dangerous animal except as provided in Section 3(J), pursuant to a final
determination that the animal is dangerous; or
(2) Any prohibited animal as defined under Section 1(C), unless that person is a
person as exempted by Section 822.102, Subchapter E, Dangerous Wild
Animals, of the Texas Health and Safety Code, as amended.
(a) A prohibited animal is exempt from this section if:
I. The animal(s) belongs to a bona fide zoological park, circus,
educational institution, museum, licensed laboratory, publicly
owned nature center, or animals kept by bona fide members of
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an educational or scientific association or society approved by
the animal control authority, or persons holding permits from an
agency of the State of Texas or the United States for the care
and keeping of animals for rehabilitation purposes. If a person
holds a permit from the Texas State Department of Parks and
Wildlife to operate a wildcare center in the city, the permit holder
must also comply with the city comprehensive zoning ordinance,
as amended, and must keep any and all animals or reptiles in
cages of sufficient size, construction and strength to restrain the
animal or reptile at all times; or
II. The animal is an assistance or service animal as defined herein,
that has been registered with the city and has provided to the
animal control authority:
1. Records of vaccination appropriate for the species of
animal;
2. Documentation from a veterinarian that the animal is
healthy;
3. Proof of proper restraint for the animal; and
4. Proof that the animal has been or is being trained to
perform tasks of an assistance or service animal.
I. Harboring Exotic Animals, Including Exotic Livestock.
Unless expressly prohibited elsewhere in this Chapter, exotic animals, including exotic
livestock, shall be allowed in accordance with applicable laws, including zoning
regulations; provided they are vaccinated against communicable diseases and in
accordance with general guidelines from the American Veterinary Medical Association."
Chapter 2 — Animal Control Ordinance Amendment